How Does the Law Protect Military Veterans From Job Discrimination?

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Jun 2, 2017

How Does the Law Protect Military Veterans From Job Discrimination?

Posted By
Mahir Nisar Attorney at Law

Employment discrimination is not always about an immutable characteristic like race or sex. There
are other classes of individuals protected from adverse employment actions,
including members of our armed forces. The federal Uniformed Services
Employment & Reemployment Rights Act (USERRA) bans employment discrimination
based on a person's past or present military service. Among other
things, this means that a civilian employer may not fire, refuse to hire,
discipline, or demote an employee because he or she may need time off
from work to go on active military duty.

NYC School Faces Trial Over Dismissal of Army Reservist

According to a recent ruling by a federal appeals court in New York, it
is also possible to illegally discriminate against an employee under the
USERRA even if he or she is not actually deployed. While the court's
decision is not considered binding precedent, it nonetheless illustrates
how judges examine employment discrimination claims based on military status.

The plaintiff in this case worked as an assistant principal at a high school
in New York City. The plaintiff simultaneously served as an officer in
the U.S. Army Reserves. He accused the city school system of illegal discrimination
when his employment was terminated at the instigation of the school's
principal.

The plaintiff alleged that his firing was motivated, at least in part,
by the principal's objections to his military service. A trial court
held that the plaintiff's claims were without merit and granted the
city's motion for summary judgment. The
U.S. Second Circuit Court of Appeals said that was premature, as the plaintiff at least presented a plausible
claim from which a jury could find the principal violated his rights under
the USERRA.

Specifically, the plaintiff said that when he informed the principal of
his “possible” deployment overseas, she reacted harshly, stating,
“How can you do that to me?” and indicated that he was leaving
a “mess” for her to clean up. If true, the Second Circuit
said this could be construed as the principal “personalizing the
deployment as something [the plaintiff] was doing to her rather than a
legal obligation imposed on them both.”

In addition, the plaintiff presented evidence that showed he had received
satisfactory performance ratings during his first three years at the school,
but after notifying the principal of his deployment, “he received
an unsatisfactory rating and three disciplinary letters,” which
were the ostensible basis for his termination.

In response, the school argued that “any inference of discrimination”
by the principal “is negated” by the fact the plaintiff was
never actually deployed. But the Second Circuit said that based on the
plaintiff's arguments, a jury could find the principal retaliated
against him because of the mere “prospect” of losing him to
deployment.

Have You Experienced Job Discrimination as a Military Veteran?

Members of the armed forces put their lives on the line for us every day.
The law honors their service and sacrifice by ensuring they will be able
to return to their civilian jobs once their deployment ends. If you have
faced illegal discrimination due to your military record, an experienced
New York employment law attorney can help. Contact the Law Offices of Mahir S. Nisar today in New York
City or Long Island if you need to speak with a lawyer right away.